SURJEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of above-mentioned two appeals arising out of judgment dtd. 27/1/2005 and order of sentence dtd. 29/1/2005 passed by learned Additional Sessions Judge, II, Jind. While CRA-D-222-DB-2005 has been filed on behalf of appellant - Surjeet Singh challenging his conviction for offence punishable under Sec. 302 IPC, CRA-S-394-SB-2005 has been filed by Sumer Singh, Dilawar @ Dalel Singh and Om Parkash challenging their conviction for offence punishable under Sec. 323 IPC. However, since the appellants Sumer Singh and Dilawar @ Dalel Singh have expired, proceedings qua them stand abated vide order dtd. 31/1/2025. As such, CRA-S-394-SB-2005 survives only qua appellant No.3 - Om Parkash.

(2.) The matter arises out of FIR No.516 dtd. 21/11/2001 registered at Police Station Safidon, under Ss. 302, 307, 323, 148, 149 IPC and Ss. 24, 54, 59 of the Arms Act (Ex.P-1A), at the instance of Jaswant Singh. It is the case of prosecution that on 21/11/2001, pursuant to receipt of intimation from the CHC, Safidon regarding admission of Krishan, Jaswant Singh, Nand Ram, Dhanpati, Kamla and Angoori in injured condition, the police visited the hospital and recorded the statement of Jaswant Singh (Ex.P1) leading to lodging of FIR. The complainant Jaswant Singh alleged that there had been altercation between him and Hawa Singh, Satbir, Dharam Singh, Sumer Singh and Surjeet during the last several days with regard to 'dol' (boundary made by raising soil) of the fields. On 21/1/2001, the respectable of the village had got the matter compromised where the complainant alongwith Nand Ram, Krishan and Om Parkash were present and on the other side, Hawa Singh, Dharam Singh, Sumer Singh and Surjeet were there. The Panchayat was held till 3:00 PM and a compromise was arrived at, which was yet to be reduced into writing. However, Hawa Singh and Surjeet walked off from Panchayat while saying that they do not accept the compromise and went towards their houses. After a short while, Hawa Singh armed with gandassa came to the chowk outside Darwaja (entrance of house) of Krishan and raised a lalkara exhorting his companions to teach Jaswant Singh a lesson for straightening the 'dol' and upon which Dilawar @ Dalel Singh armed with gandassa, Om Parkash armed with gandassa, Dharam Singh armed with gun, Surjeet armed with gun, Sumer Singh armed with gandassa, Dharam Pal armed with gandassa came there. They had all come with a common object and attacked them. Dilawar @ Dalel Singh gave blows with gandassa while using it like a stick on left side of head, left arm and fingers of right hand of complainant Jaswant Singh. Om Parkash gave a blow with gandassa on the head of Nand Ram and also gave thrust-wise blows on his chin and mouth. Surjeet fired a shot from his double barrel licensed gun at Krishan hitting him on his abdomen. Upon alarm being raised, complainant's wife Angoori, Kamla wife of Om Parkash and Dhanpati wife of Prem reached at the place of occurrence. Hawa Singh inflicted 2 injuries on the head of Angoori with the help of gandassa and also gave a blow of gandassa while using it like a stick on her neck and left elbow. Sumer Singh gave a blow with gandassa on the left wrist of Kamla and another blow on her toe by using the gandassa like a stick. Dharam Singh fired repeatedly in the air with his gun. Dharam Pal inflicted injuries with gandassa on the forehead and the left hand of Dhanpati. The complainant raised alarm. The complainant further stated that Randhir, Chatru and Phool Singh, who had been present in the Panchayat, had witnessed the occurrence and rescued them otherwise the assailants would have inflicted more injuries to them.

(3.) Pursuant to lodging of FIR, the matter was investigated by the police during the course of which inquest report was prepared. The police visited the place of occurrence and lifted blood stained soil and also one empty cartridge, which were taken into possession vide recovery memos (Ex.PE and PF). Rough site plan of the place of occurrence was prepared. Statements of the witnesses were recorded in terms of Sec. 161 Cr.P.C. The medical record pertaining to the injured and of the deceased was collected. It is the case of the prosecution that pursuant to the arrest of the accused on 23/11/2001, they were interrogated. Accused - Dharampal pursuant to his disclosure statement Ex.PGG got recovered a gandassa concealed by him in his residential house. Accused - Sumer Singh pursuant to his disclosure statement Ex.PHH got recovered a gandassa concealed by him in the store-room of his house. Accused - Dilawar @ Dalel Singh pursuant to his disclosure statement Ex.PJJ got recovered a gandassa concealed by him underneath a bed in his residential house. Accused - Surjeet in his disclosure statement Ex.PKK stated that the gun used by him belongs to his uncle Sumer Singh, which he had concealed in a bed lying in the room of his house and got the same recovered.